United States Ninth Circuit

Dismissal of petitioner-prisoner's habeas corpus petition challenging the constitutionality of his second degree robbery conviction is reversed and remanded, where: 1) petitioner is entitled to equitable tolling on the ground that he relied on the assigned magistrate judge's order extending the filing deadline beyond the statutory limitation; and 2) petitioner's allegations regarding his access to the law library and other resources may entitle him to equitable tolling through June 11, 2008, when he constructively filed his amended habeas petition.

Appellate Information

• Decided 09/10/2013
• Published 09/10/2013

Judges

• PAEZ

Court

• United States Ninth Circuit

Counsel